Common use of Total Abatement Clause in Contracts

Total Abatement. Notwithstanding anything to the contrary set forth in this SLA, (A) in no event shall the total abatement under this Article II in any one (1) calendar month exceed the Fees for that calendar month (notwithstanding the amount or length of any ES Failures in that month or otherwise); in the event there would otherwise be abatement under this Article II in excess of such Fees for that month, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; and (B) in no event shall the total abatement under this Article II on any one (1) day exceed the pro rata Fees payable for that day (notwithstanding the amount or length of any ES Failures on that day or otherwise); in the event there would otherwise be abatement under this Article II in excess of such pro rata Fees for that day, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect.

Total Abatement. Notwithstanding anything to the contrary set forth in this SLA, (Ay) in no event shall the total abatement under this Article II in any one (1) calendar month under this Article I exceed the Fees for that calendar month (notwithstanding the amount or length of any ES Power Failures in that month or otherwise); in the event there would otherwise be abatement under this Article II I in excess of such Fees for that month, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect; and (Bz) in no event shall the total abatement under this Article II I on any one (1) day exceed the pro rata quarterly Fees payable for that day (notwithstanding the amount or length of any ES Power Failures on that day or otherwise); in the event there would otherwise be abatement under this Article II I in excess of such pro rata quarterly Fees for that day, then the excess shall not carry over to any subsequent period and shall be deemed extinguished and of no force or effect.